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Filing # 145938779 E-Filed 03/17/2022 04:19:32 PM
THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT IN AND
FOR OSCEOLA COUNTY, FLORIDA
VILLAS AT EMERALD LAKE HOMEOWNERS| Case No.: 2020-CA-002942
ASSOCIATION, INC., a Florida not for profit
corporation,
Plaintiff,
Vv.
ROYAL OAK HOMES, LLC, a Florida limited
liability company; ADVANCED WRAPPING AND
CONCRETE SOLUTIONS OF CENTRAL
FLORIDA, INC., a Florida corporation; DON
KING’S CONCRETE, INC., a Florida corporation;
HUGH MACDONALD CONSTRUCTION, INC., a
Florida corporation; IMPERIAL BUILDING
CORPORATION, a Florida corporation; PREMIER
PLASTERING OF CENTRAL FLORIDA, INC
N/K/A TGK STUCCO, INC., a Florida corporation;
WEATHERMASTER BUILDING PRODUCTS,
INC., a Florida corporation; WEINTRAUB
INSPECTIONS & FORENSICS, INC. N/K/A
WEINTRAUB ENGINEERING AND
INSPECTIONS, INC., a Florida corporation; THE
DIMILLO GROUP, LLC, a Florida limited liability
company; WOLF’S IRRIGATION &
LANDSCAPING, INC., a Florida corporation;
SUMMERPARK HOMES, INC., a_ Florida
corporation; BROWN + COMPANY
ARCHITECTURE, INC., a Florida corporation;
EXPERT PAINTING & PRESSURE WASHING,
INC., a Florida Profit Corporation
Defendants.
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ROYAL OAKS HOME, LLC.,
Cross-Claimant,
Vv.
ADVANCED WRAPPING AND CONCRETE
SOLUTIONS OF CENTRAL FLORIDA, INC., a
Florida corporation; DON KING'S CONCRETE,
INC., a Florida corporation; HUGH MACDONALD
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CONSTRUCTION, INC., a Florida corporation;
IMPERIAL BUILDING CORPORATION, a Florida
corporation; PREMIER PLASTERING OF
CENTRAL FLORIDA, INC N/K/A TGK STUCCO,
INC., a Florida corporation; WEATHERMASTER
BUILDING PRODUCTS, INC., a Florida
corporation; WEINTRAUB INSPECTIONS &
FORENSICS, INC. N/K/A WEINTRAUB
ENGINEERING AND INSPECTIONS, _ INC.,
WOLF'S IRRIGATION & LANDSCAPING, INC.,
a Florida corporation; BROWN+COMPANY
ARCHITECTURE, INC., a Florida corporation;
Cross-Defendants
/
WEATHERMASTER BUILDING PRODUCTS,
INC., a Florida Corporation,
Third-Party Plaintiff,
v.
ALL GLASS INSTALLATION CORP., a Florida
corporation; CASEY HAWKINS, GLASS, INC., a
Florida corporation; DEAN NESBIT, LLC, a Florida
limited liability company; HELBERG
ENTERPRISES, LLC, a Florida limited liability
company; HOBBIT WINDOWS, LLC, a Florida
limited liability company; T&M CONSTRUCTION
OF SANFORD, INC., a Florida corporation; WELL
DONE WINDOWS, INC., a Florida corporation; and
WELL HUNG WINDOWS & DOORS, LLC, a
Florida limited liability company;
Third-Party Defendants.
/
DON KING’S CONCRETE, INC., a_ Florida
corporation,
Third-Party Plaintiff
v.
E.R.O. CONSTRUCTION, INC., a_ Florida
corporation; LIOS CONCRETE CORP., a Florida
2
corporation; and ATLANTIC CONCRETE
SYSTEMS, INC., a Florida corporation.
Third-Party Defendants.
/
PLAINTIFF’S RESPONSE TO DEFENDANT BROWN+COMPANY ARCHITECTURE,
INC.’S FIRST REQUEST FOR PRODUCTION
Plaintiff, VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION, INC.
(hereinafter “Plaintiff’) hereby responds to Defendant BROWN+COMPANY ARCHITECTURE,
INC.’s (hereinafter “Defendant”) First Request for Production.
RESPONSE TO FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
1. All non-privileged communications between the ASSOCIATION and any other
individual or entity pertaining to the Project.
RESPONSE: Plaintiff has produced all relevant, non-privileged documents relating
to the Subject Property as the same are ordinarily maintained in the course of business. To
the extent non-privileged documents that are responsive to this request are within Plaintiff’s
possession, custody, or control, such documents were included in that production. If
documents were withheld on the basis of privilege, such documents were identified on a
contemporaneously produced privilege log.
2. All meeting minutes from any and all meetings of the ASSOCIATION’s Board of
Directors after the turnover of the Property from the developer to the unit owners that reference or
discuss design, specification or construction defects or deficiencies at the Property.
RESPONSE: Plaintiff has produced all relevant, non-privileged documents relating
to the Subject Property as the same are ordinarily maintained in the course of business. To
the extent non-privileged documents that are responsive to this request are within Plaintiff’s
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possession, custody, or control, such documents were included in that production. If
documents were withheld on the basis of privilege, such documents were identified on a
contemporaneously produced privilege log.
3. All of the ASSOCIATION’s maintenance procedures, manuals, guidelines, rules
and/or restrictions related to maintenance of the Property from the date of turnover of the Property
from the developer to the unit owners through the present.
RESPONSE: Plaintiff has produced all relevant, non-privileged documents relating
to the Subject Property as the same are ordinarily maintained in the course of business. To
the extent non-privileged documents that are responsive to this request are within Plaintiff’s
possession, custody, or control, such documents were included in that production. If
documents were withheld on the basis of privilege, such documents were identified on a
contemporaneously produced privilege log.
4. The contract(s) between the ASSOCIATION and any property management
company from the date of turnover of the Property from the developer to the unit owners through
the present.
RESPONSE: Plaintiff has produced all relevant, non-privileged documents in its
possession, custody, or control relating to the Project at issue in this litigation as they are
maintained in the ordinary course of business. Accordingly, to the extent non-privileged
documents responsive to this Request are in Plaintiff’s possession, custody, or control, they
have been included in that production. Documents withheld on the basis of privilege are
listed on the privilege log produced by Plaintiff.
5. Any and all communications that the ASSOCIATION received related to any unit
owner reporting or advising of alleged defects, deficiencies and/or damages at the Project and/or
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Property that were caused by BROWN.
RESPONSE: Plaintiff has produced all relevant, non-privileged documents in its
possession, custody, or control relating to the Project at issue in this litigation as they are
maintained in the ordinary course of business. Accordingly, to the extent non-privileged
documents responsive to this Request are in Plaintiff’s possession, custody, or control, they
have been included in that production. Documents withheld on the basis of privilege are
listed on the privilege log produced by Plaintiff.
6. Any and all repair proposals, repair estimates and/or repair protocols received by
the ASSOCIATION for the repair and/or replacement of the alleged defects, deficiencies and/or
damages at the Property that were caused by BROWN.
RESPONSE: Plaintiff has produced all relevant, non-privileged documents in its
possession, custody, or control relating to the Project at issue in this litigation as they are
maintained in the ordinary course of business. Accordingly, to the extent non-privileged
documents responsive to this Request are in Plaintiff’s possession, custody, or control, they
have been included in that production. Documents withheld on the basis of privilege are
listed on the privilege log produced by Plaintiff.
7. Any and all reports prepared by or for the Association or any predecessors-in-
interest pertaining to the Project and any alleged defects, deficiencies and/or damages that were
caused by BROWN.
RESPONSE: Plaintiff has produced all relevant, non-privileged documents in its
possession, custody, or control relating to the Project at issue in this litigation as they are
maintained in the ordinary course of business, as well as the job files and opinions of its
experts. Accordingly, to the extent non-privileged documents responsive to this Request are
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in Plaintiff’s possession, custody, or control, they have been included in such productions or
disclosures. Documents withheld on the basis of privilege are listed on the privilege log
produced by Plaintiff.
8. Any and all settlement agreements, releases and/or waivers pertaining to any
alleged defects, deficiencies and/or damages at the Project entered into between the
ASSOCIATION, or any entity operating on its behalf, and any individual or entity.
RESPONSE: Upon information and belief, none.
9. Any and all notices of defect, service requests, or similar communications received
by the ASSOCIATION pertaining to defects, deficiencies and/or damages at the Property that were
caused by BROWN.
RESPONSE: Plaintiff has produced non-privileged documents relating to the
Subject Property as the same are ordinarily maintained in the course of business. To the
extent non-privileged documents that are responsive to this request are within Plaintiff’s
possession, custody, or control, such documents were included in that production. If
documents were withheld on the basis of privilege, such documents were identified on a
contemporaneously produced privilege log.
10... Any and all notices or other communications that the ASSOCIATION received
from the City of Kissimmee/Osceola County regarding any violations of the applicable building
code at the Property.
RESPONSE: Upon information and belief, none.
11. Any and all photographs or video footage demonstrating any and all defects,
deficiencies or damages at the Property that were caused by BROWN, as alleged in this lawsuit,
prior to any remedial, repair or replacement work performed.
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RESPONSE: Plaintiff has produced non-privileged documents relating to the
Subject Property as the same are ordinarily maintained in the course of business, as well as
the job files and opinions of its experts. To the extent non-privileged documents that are
responsive to this request are within Plaintiff’s possession, custody, or control, such
documents were included in such productions or disclosures. If documents were withheld
on the basis of privilege, such documents were identified on a contemporaneously produced
privilege log.
12. Any and all photographs or video footage demonstrating any and all defects,
deficiencies or damages at the Property that were caused by BROWN, as alleged in this lawsuit,
during any remedial, repair or replacement work performed.
RESPONSE: Plaintiff has produced all relevant, non-privileged documents relating
to the Subject Property as the same are ordinarily maintained in the course of business, as
well as the job files and opinions of its experts. To the extent non-privileged documents that
are responsive to this request are within Plaintiff's possession, custody, or control, such
documents were included in such productions or disclosures. If documents were withheld
on the basis of privilege, such documents were identified on a contemporaneously produced
privilege log.
13. Any and all photographs or video footage demonstrating any and all defects,
deficiencies or damages at the Property that were caused by BROWN, as alleged in this lawsuit,
after any remedial, repair or replacement work performed.
14. RESPONSE: Plaintiff has produced non-privileged documents relating to the
Subject Property as the same are ordinarily maintained in the course of business, as well as
the job files and opinions of its experts. To the extent non-privileged documents that are
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responsive to this request are within Plaintiff’s possession, custody, or control, such
documents were included in such productions or disclosures. If documents were withheld
on the basis of privilege, such documents were identified on a contemporaneously produced
privilege log. Any and all documents evidencing inspections, observations, field notes, or other
similar activities which the ASSOCIATION contends constitute construction administration
services performed by BROWN.
RESPONSE: Upon information and belief, none.
15. All contracts, agreements or other documents demonstrating that BROWN
undertook a duty to inspect the work performed by others at the Project.
RESPONSE: Upon information and belief, none.
16. All contracts, agreements or other documents demonstrating that BROWN
undertook a duty to approve work performed by others at the Project.
RESPONSE: Upon information and belief, none.
17. Any and all invoices obtained by the ASSOCIATION or on its behalf for any
remedial, repair or replacement work performed at the Project involving BROWN’s scope of work.
RESPONSE: Plaintiff has produced non-privileged documents relating to the
Subject Property as the same are ordinarily maintained in the course of business, as well as
the job files and opinions of its experts. To the extent non-privileged documents that are
responsive to this request are within Plaintiff’s possession, custody, or control, such
documents were included in such productions or disclosures. If documents were withheld
on the basis of privilege, such documents were identified on a contemporaneously produced
privilege log.
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18. | Any and all documentation detailing and demonstrating funds received by the
ASSOCIATION from any collateral source, including, but not limited to, insurance policy
proceeds, reimbursements, settlement payments, or otherwise, as a result of the alleged defects,
deficiencies and/or damages at the Property.
RESPONSE: Upon information and belief, none.
19. All documents evidencing any person or entity who has completed, is currently
performing, and/or will be performing repairs at the Project.
RESPONSE: Plaintiff has produced non-privileged documents relating to the
Subject Property as the same are ordinarily maintained in the course of business. To the
extent non-privileged documents that are responsive to this request are within Plaintiff’s
possession, custody, or control, such documents were included in that production. If
documents were withheld on the basis of privilege, such documents were identified on a
contemporaneously produced privilege log. Plaintiff has not determined which person or
entity “will be performing repairs at the Project.”
20. All documents evidencing any purported omissions by BROWN which you
contend caused or contributed to the defects and damages at issue in the subject litigation.
RESPONSE: Plaintiff has produced non-privileged documents relating to the
Subject Property as the same are ordinarily maintained in the course of business, as well as
the job files and opinions of its experts. To the extent non-privileged documents that are
responsive to this request are within Plaintiff's possession, custody, or control, such
documents were included in such productions or disclosures. If documents were withheld
on the basis of privilege, such documents were identified on a contemporaneously produced
privilege log.
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21. All documents demonstrating that any alleged act, error or omission by BROWN
constitutes a breach of its standard of care.
RESPONSE: Plaintiff has produced non-privileged documents relating to the
Subject Property as the same are ordinarily maintained in the course of business, as well as
the job files and opinions of its experts. To the extent non-privileged documents that are
responsive to this request are within Plaintiff’s possession, custody, or control, such
documents were included in such productions or disclosures. If documents were withheld
on the basis of privilege, such documents were identified on a contemporaneously produced
privilege log.
22. All documents evidencing that any alleged act, error or omission by BROWN was
within BROWN’s scope of services at the Project.
RESPONSE Plaintiff has produced non-privileged documents relating to the Subject
Property as the same are ordinarily maintained in the course of business, as well as the job
files and opinions of its experts. To the extent non-privileged documents that are responsive
to this request are within Plaintiff’s possession, custody, or control, such documents were
included in such productions or disclosures. If documents were withheld on the basis of
privilege, such documents were identified on a contemporaneously produced privilege log.
23. All documents demonstrating or establishing BROWN’s alleged breach of its duty
of care owed for the Project.
RESPONSE: Plaintiff has produced non-privileged documents relating to the
Subject Property as the same are ordinarily maintained in the course of business, as well as
the job files and opinions of its experts. To the extent non-privileged documents that are
responsive to this request are within Plaintiff’s possession, custody, or control, such
10
documents were included in such productions or disclosures. If documents were withheld
on the basis of privilege, such documents were identified on a contemporaneously produced
privilege log.
24. All documents that demonstrate or establish that BROWN inspected, supervised
and/or approved work that was not in accordance with the permitted and applicable plans and
specifications, building codes, manufacturer’s specifications and standards.
RESPONSE: Plaintiff has produced non-privileged documents relating to the
Subject Property as the same are ordinarily maintained in the course of business, as well as
the job files and opinions of its experts. To the extent non-privileged documents that are
responsive to this request are within Plaintiff’s possession, custody, or control, such
documents were included in such productions or disclosures. If documents were withheld
on the basis of privilege, such documents were identified on a contemporaneously produced
privilege log.
25. All codes, statutes, manufacturers’ recommendation, and industry standards that
you allege BROWN failed to comply with or adhere to at the Project.
RESPONSE: Upon information and belief, none in Plaintiff’s possession, custody, or
control.
DATED: March 17, 2022.
BALL JANIK LLP
By: _/s/ Jeffrey A. Widelitz
Phillip E. Joseph, FL Bar No. 1000368
Evan J. Small, FL Bar No. 57306
Jeffrey A. Widelitz FL Bar No. 105642
Christopher S. Tribbey, FL Bar No. 1003114
Kasey L. Joyce, FL Bar No. 1024705
201 E Pine Street, Suite 600
11
Orlando, FL 32801
Telephone: (407) 455-5664
Facsimile: (407) 902-2105
pjoseph@balljanik.com
esmall@balljanik.com
jwidelitz@balljanik.com
ctribbey@balljanik.com
kjoyce@balljanik.com
dtodd@balljanik.com
cdillon@balljanik.com
cbetancourt@balljanik.com
bburton@balljanik.com
orlandodocket@balljanik.com
Counselfor Plaintiff Villas at Emerald Lake
Homeowners Association, Inc.
CERTIFICATE OF SERVICE
I certify that a true copy of the foregoing has been filed via the Florida Courts E-Filing
Portal on this 17" day of March, 2022.
Ss/
Widelitz
Jeffrey A.
Jeffrey A. Widelitz
SERVICE LIST
LANNIE D. HOUGH JR. THAMIR A.R. KADDOURI, JR.
ROBIN H. LEAVENGOOD PENELOPE T. ROWLETT
JAMES MICHAEL WALLS BETH ANN TOBEY
BRIAN C. PORTER Law Office of Thamir A.R. Kaddouri, Jr. P.A.
Carlton Fields, P.A. 3220 West Cypress Street
4221 W. Boy Scout Boulevard Tampa, FL 33607
Tampa, FL 33607-5780 P. 813-879-5752
P. 813-223-7000 F. 813-879-5707
F. 813-229-4133 Thamir.kaddouri@tampalaw.org
lhough@carltonfields.com service@tampalaw.org
nbonilla@carltonfields.com beth.tobey@tampalaw.org
rleavengood@carltonfields.com
bporter@carltonfields.com
12
mwalls@carltonfields.com Counselfor Defendant, Imperial Building
ejohnson@carltonfields.com Corporation
bwoolard@carltonfields.com
Counselfor Defendant, Royal Oak Homes,
LLC
PAUL SIDNEY ELLIOTT PETER J. KAPSALES
P.O. Box 274204 MARGARET M. EFTA
Tampa, FL 33688-4204 Milne Law Group, P.A.
P. 813-265-1314 301 E. Pine Street, Suite 525
F. 813-961-1103 Orlando, FL 32801
pse@psejd.com P. 321-558-7700
pkapsales@milnelawgroup.com
Counselfor Defendant, Hugh MacDonald mefta@milnelawgroup.com
Construction, Inc. (HMC) eservice@milnelawgroup.com
DENISE M. ANDERSON Counselfor Defendant, Weathermaster
ASHLEY M. MATTINGLY Building Products, Inc.
Butler Weihmuller Katz Craig LLP
400 N. Ashley Drive, Suite 2300
Tampa, FL 33602
P. 813-281-1900
danderson@butler.legal
amattingly@butler.legal
jjacobs@butler.legal
rjorge@butler.legal
Co-Counselfor Defendant, Hugh MacDonald
Construction, Inc.
DENISE M. ANDERSON TIMOTHY C. FORD
DAVID A. MERCER ANDREW E. HOLWAY
Butler Weihmuller Katz Craig, LLP J. ROCCO CAFARO
400 N. Ashley Drive, Suite 2300 RON ESPINAL
Tampa, FL 33602 Hill Ward Henderson
danderson@butler.legal 101 E. Kennedy Blvd., Suite 3700
dmercer@butler.legal Tampa, FL 33602
krieck@butler.legal P. 813-221-3900
rjorge@butler.legal F. 813-221-2900
tbarry@butler.legal Andrew.holway@hwhlaw.com
Derrick.calandra@hwhlaw.com
Counselfor Defendant, Don King’s Concrete, | jill.kuty@hwhlaw.com
Inc. Kathy.wernsing@hwhlaw.com
rocco.cafaro@hwhlaw.com
ron.espinal@hwhlaw.com
Tim.ford@hwhlaw.com
13
Tracy.coale@hwhlaw.com
Counselfor Defendant, Weintraub
Inspections & Forensics, Inc. n/k/a Weintraub
Engineering and Inspections, Inc.
JAYNE ANN PITTMAN BRUCE R. CALDERON
NATALIE C. FISCHER D. BRYAN HILL
Conroy Simberg AUDRA R. CREECH
Two South Orange Avenue, Suite 300 Milber Makris Plousadis & Seiden, LLP
Orlando, FL 32801 1900 NW Corporate Blvd.
P. (407) 649-9797 East Tower, Suite 440
F. (407) 649-1968 Boca Raton, FL 33431
eserviceorl@conroysimberg.com P. (561) 994-7310
jpittman@conroysimberg.com F. (561) 994-7313
mmaitland@conroysimberg.com bcalderon@milbermakris.com
nfischer@conroysimberg.com dhill@milbermakris.com
acreech@milbermakris.com
Counselfor Defendant, Advanced Wrapping — | kmcdowell@milbermakris.com
and Concrete Solutions of Central Florida,
Inc. Counselfor Defendant, Brown + Company
Architecture, Inc.
WILLIAM M. WOODS S. SCOTT ROSS
The Law Offices of William Woods Groelle & Salmon, P.A.
100 S Missouri Ave Ste 201 1715 N. Westshore Blvd., Suite 320
Clearwater, FL 33756-5763 Tampa, FL 33607
O: 727-799-1229 Ext. 4063 P. (813) 849-7200
C: 727-282-7277 F. (813) 849-7201
F: 727-252-1088 gstcourtdocs@gspalaw.com
sross@gspalaw.com
wwoods@willwoodslaw.com cebanks@gspalaw.com
AnneLM@willwoodslaw.com mcoleman@gspalaw.com
Pleadings@willwoodslaw.com
JLulgjuraj@willwoodslaw.com Counselfor Third-Party Defendant, Helberg
Enterprises, LLC
Counselfor Third-Party Defendant, All Glass
Installation Corp.
VICKELAMBERT ANDREW T. MARSHALL
ALECAMSSON SARA W. MAPES
Luks, SantanieHo, Petre & Cohen Hamilton, Price & Marshall, P.A.
201-S—Orance Avenve; Suite 400 2400 Manatee Ave. W.
Orlando. FL 32804 Bradenton, FL 34205
P-407-540-9470 P. 941-748-0550
F-404540-4 44 F. 941-745-2079
Hhsort pleads} ta coy andrew@hamiltonpricelaw.com
14
amrasonietisuraneedefense-net sara@hamiltonpricelaw.com
pestontee-Hiseaeedeternse tet nancy@hamiltonpricelaw.com
kelsey@hamiltonpricelaw.com
Counsel fortThirdPart Defendant—Casey atmservice@hamiltonpricelaw.com
Counselfor T&M Construction ofSanford,
MICHAEL D. RUEL Inc.
BRENDEN C. COLLINS
Galloway, Johnson, Tompkins, Burr & Smith,
P.L.C.
400 N. Ashley Dr., Suite 1000
Tampa, FL 33602
P. 813-977-1200
F. 813-977-1288
tampaservbice@gallowaylawfirm.com
mruel@gallowaylawfirm.com
bcollinsl@gallowaylawfirm.com
Counselfor Third-Party Defendant, Casey
Hawkins Glass, Inc.
BRUCE R. CALDERON COLE J. COPERTINO
D. BRYAN HILL RICHARD L. RUSSO
AUDRA R. CREECH Wright, Fulford, Moorhead & Brown, P.A.
Milber Makris Plousadis & Seiden, LLP 505 Maitland Avenue, Suite 1000
1900 NW Corporate Blvd., Altamonte Springs, Florida 32701
East Tower, Suite 440 P. (407) 425-0234
Boca Raton, FL 33431 F. (407) 425-0260
P. 561-994-7310 ccopertino@wfmblaw.com
F. 561-994-7313 rrusso@wfmblaw.com
bcalderon@milbermakris.com cbraungart@wfmblaw.com
dhill@milbermakris.com lwilliams@wfmblaw.com
acreech@milbermakris.com
Counselfor Well Hung Windows & Doors
Counselfor Defendant, Brown + Company
Architecture, Inc.
JOSEPH L. ZOLLNER CHESLEY G. MOODY, JR.
Law Office of Christopher Norris MAI M. LE
PO Box 7217 Moody & Graf, P.A.
London, KY 40742 1101 N. Lake Destiny Road, Suite 200
P. 904-346-5422 Maitland, FL 32751
F. 866-270-1372 P. (407) 755-6900
FloridaCDLegalMail@LibertyMutual.com F. (407) 755-6913
joseph.zollner@libertymutual.com cmoody@moodygraf.com
mle@moodygraf.com
Counsel for Lios Concrete Corp kpollak@moodygraf.com
15
tdixon@moodygraf.com
a Loe Premier PI . CC
Elovida- Ine-Withd fo Premier PI .
only 342022-& Wolf's Irrigation &
Landscaping, Inc.
NICOLE SEROPIAN WAYNE M. ALDER
JENNIFE SHIPPOLE Fisher Broyles, LLP
Law Office of Jennifer L. Shippole 7668 N. W. 125" Way
14050 NW 14th Street, Suite 180 Pompano Beach, FL 33076
Sunrise, Florida 33323 P. 954-603-6174
Phone: 954-417-3066 Ext. 4645 Wayne.alder@fisherbroyles.com
jlspleadings@fednat.com wmalder@bellsouthnet.com
nseropian@fednat.com
jshippole@fednat.com Counselfor E.R.O. Construction, Inc.
Counselfor Atlantic Concrete Systems, Inc.
UNREPRESENTED PARTIES
Expert Painting & Pressure Washing, Inc.
c/o Richard C. Bates, Registered Agent
3631 Late Morning Cir.
Kissimmee, FL 34744
16
Preview
Filing # 145938779 E-Filed 03/17/2022 04:19:32 PM THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA VILLAS AT EMERALD LAKE HOMEOWNERS| Case No.: 2020-CA-002942 ASSOCIATION, INC., a Florida not for profit corporation, Plaintiff, Vv. ROYAL OAK HOMES, LLC, a Florida limited liability company; ADVANCED WRAPPING AND CONCRETE SOLUTIONS OF CENTRAL FLORIDA, INC., a Florida corporation; DON KING’S CONCRETE, INC., a Florida corporation; HUGH MACDONALD CONSTRUCTION, INC., a Florida corporation; IMPERIAL BUILDING CORPORATION, a Florida corporation; PREMIER PLASTERING OF CENTRAL FLORIDA, INC N/K/A TGK STUCCO, INC., a Florida corporation; WEATHERMASTER BUILDING PRODUCTS, INC., a Florida corporation; WEINTRAUB INSPECTIONS & FORENSICS, INC. N/K/A WEINTRAUB ENGINEERING AND INSPECTIONS, INC., a Florida corporation; THE DIMILLO GROUP, LLC, a Florida limited liability company; WOLF’S IRRIGATION & LANDSCAPING, INC., a Florida corporation; SUMMERPARK HOMES, INC., a_ Florida corporation; BROWN + COMPANY ARCHITECTURE, INC., a Florida corporation; EXPERT PAINTING & PRESSURE WASHING, INC., a Florida Profit Corporation Defendants. / ROYAL OAKS HOME, LLC., Cross-Claimant, Vv. ADVANCED WRAPPING AND CONCRETE SOLUTIONS OF CENTRAL FLORIDA, INC., a Florida corporation; DON KING'S CONCRETE, INC., a Florida corporation; HUGH MACDONALD 1 CONSTRUCTION, INC., a Florida corporation; IMPERIAL BUILDING CORPORATION, a Florida corporation; PREMIER PLASTERING OF CENTRAL FLORIDA, INC N/K/A TGK STUCCO, INC., a Florida corporation; WEATHERMASTER BUILDING PRODUCTS, INC., a Florida corporation; WEINTRAUB INSPECTIONS & FORENSICS, INC. N/K/A WEINTRAUB ENGINEERING AND INSPECTIONS, _ INC., WOLF'S IRRIGATION & LANDSCAPING, INC., a Florida corporation; BROWN+COMPANY ARCHITECTURE, INC., a Florida corporation; Cross-Defendants / WEATHERMASTER BUILDING PRODUCTS, INC., a Florida Corporation, Third-Party Plaintiff, v. ALL GLASS INSTALLATION CORP., a Florida corporation; CASEY HAWKINS, GLASS, INC., a Florida corporation; DEAN NESBIT, LLC, a Florida limited liability company; HELBERG ENTERPRISES, LLC, a Florida limited liability company; HOBBIT WINDOWS, LLC, a Florida limited liability company; T&M CONSTRUCTION OF SANFORD, INC., a Florida corporation; WELL DONE WINDOWS, INC., a Florida corporation; and WELL HUNG WINDOWS & DOORS, LLC, a Florida limited liability company; Third-Party Defendants. / DON KING’S CONCRETE, INC., a_ Florida corporation, Third-Party Plaintiff v. E.R.O. CONSTRUCTION, INC., a_ Florida corporation; LIOS CONCRETE CORP., a Florida 2 corporation; and ATLANTIC CONCRETE SYSTEMS, INC., a Florida corporation. Third-Party Defendants. / PLAINTIFF’S RESPONSE TO DEFENDANT BROWN+COMPANY ARCHITECTURE, INC.’S FIRST REQUEST FOR PRODUCTION Plaintiff, VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION, INC. (hereinafter “Plaintiff’) hereby responds to Defendant BROWN+COMPANY ARCHITECTURE, INC.’s (hereinafter “Defendant”) First Request for Production. RESPONSE TO FIRST REQUEST FOR PRODUCTION OF DOCUMENTS 1. All non-privileged communications between the ASSOCIATION and any other individual or entity pertaining to the Project. RESPONSE: Plaintiff has produced all relevant, non-privileged documents relating to the Subject Property as the same are ordinarily maintained in the course of business. To the extent non-privileged documents that are responsive to this request are within Plaintiff’s possession, custody, or control, such documents were included in that production. If documents were withheld on the basis of privilege, such documents were identified on a contemporaneously produced privilege log. 2. All meeting minutes from any and all meetings of the ASSOCIATION’s Board of Directors after the turnover of the Property from the developer to the unit owners that reference or discuss design, specification or construction defects or deficiencies at the Property. RESPONSE: Plaintiff has produced all relevant, non-privileged documents relating to the Subject Property as the same are ordinarily maintained in the course of business. To the extent non-privileged documents that are responsive to this request are within Plaintiff’s 3 possession, custody, or control, such documents were included in that production. If documents were withheld on the basis of privilege, such documents were identified on a contemporaneously produced privilege log. 3. All of the ASSOCIATION’s maintenance procedures, manuals, guidelines, rules and/or restrictions related to maintenance of the Property from the date of turnover of the Property from the developer to the unit owners through the present. RESPONSE: Plaintiff has produced all relevant, non-privileged documents relating to the Subject Property as the same are ordinarily maintained in the course of business. To the extent non-privileged documents that are responsive to this request are within Plaintiff’s possession, custody, or control, such documents were included in that production. If documents were withheld on the basis of privilege, such documents were identified on a contemporaneously produced privilege log. 4. The contract(s) between the ASSOCIATION and any property management company from the date of turnover of the Property from the developer to the unit owners through the present. RESPONSE: Plaintiff has produced all relevant, non-privileged documents in its possession, custody, or control relating to the Project at issue in this litigation as they are maintained in the ordinary course of business. Accordingly, to the extent non-privileged documents responsive to this Request are in Plaintiff’s possession, custody, or control, they have been included in that production. Documents withheld on the basis of privilege are listed on the privilege log produced by Plaintiff. 5. Any and all communications that the ASSOCIATION received related to any unit owner reporting or advising of alleged defects, deficiencies and/or damages at the Project and/or 4 Property that were caused by BROWN. RESPONSE: Plaintiff has produced all relevant, non-privileged documents in its possession, custody, or control relating to the Project at issue in this litigation as they are maintained in the ordinary course of business. Accordingly, to the extent non-privileged documents responsive to this Request are in Plaintiff’s possession, custody, or control, they have been included in that production. Documents withheld on the basis of privilege are listed on the privilege log produced by Plaintiff. 6. Any and all repair proposals, repair estimates and/or repair protocols received by the ASSOCIATION for the repair and/or replacement of the alleged defects, deficiencies and/or damages at the Property that were caused by BROWN. RESPONSE: Plaintiff has produced all relevant, non-privileged documents in its possession, custody, or control relating to the Project at issue in this litigation as they are maintained in the ordinary course of business. Accordingly, to the extent non-privileged documents responsive to this Request are in Plaintiff’s possession, custody, or control, they have been included in that production. Documents withheld on the basis of privilege are listed on the privilege log produced by Plaintiff. 7. Any and all reports prepared by or for the Association or any predecessors-in- interest pertaining to the Project and any alleged defects, deficiencies and/or damages that were caused by BROWN. RESPONSE: Plaintiff has produced all relevant, non-privileged documents in its possession, custody, or control relating to the Project at issue in this litigation as they are maintained in the ordinary course of business, as well as the job files and opinions of its experts. Accordingly, to the extent non-privileged documents responsive to this Request are 5 in Plaintiff’s possession, custody, or control, they have been included in such productions or disclosures. Documents withheld on the basis of privilege are listed on the privilege log produced by Plaintiff. 8. Any and all settlement agreements, releases and/or waivers pertaining to any alleged defects, deficiencies and/or damages at the Project entered into between the ASSOCIATION, or any entity operating on its behalf, and any individual or entity. RESPONSE: Upon information and belief, none. 9. Any and all notices of defect, service requests, or similar communications received by the ASSOCIATION pertaining to defects, deficiencies and/or damages at the Property that were caused by BROWN. RESPONSE: Plaintiff has produced non-privileged documents relating to the Subject Property as the same are ordinarily maintained in the course of business. To the extent non-privileged documents that are responsive to this request are within Plaintiff’s possession, custody, or control, such documents were included in that production. If documents were withheld on the basis of privilege, such documents were identified on a contemporaneously produced privilege log. 10... Any and all notices or other communications that the ASSOCIATION received from the City of Kissimmee/Osceola County regarding any violations of the applicable building code at the Property. RESPONSE: Upon information and belief, none. 11. Any and all photographs or video footage demonstrating any and all defects, deficiencies or damages at the Property that were caused by BROWN, as alleged in this lawsuit, prior to any remedial, repair or replacement work performed. 6 RESPONSE: Plaintiff has produced non-privileged documents relating to the Subject Property as the same are ordinarily maintained in the course of business, as well as the job files and opinions of its experts. To the extent non-privileged documents that are responsive to this request are within Plaintiff’s possession, custody, or control, such documents were included in such productions or disclosures. If documents were withheld on the basis of privilege, such documents were identified on a contemporaneously produced privilege log. 12. Any and all photographs or video footage demonstrating any and all defects, deficiencies or damages at the Property that were caused by BROWN, as alleged in this lawsuit, during any remedial, repair or replacement work performed. RESPONSE: Plaintiff has produced all relevant, non-privileged documents relating to the Subject Property as the same are ordinarily maintained in the course of business, as well as the job files and opinions of its experts. To the extent non-privileged documents that are responsive to this request are within Plaintiff's possession, custody, or control, such documents were included in such productions or disclosures. If documents were withheld on the basis of privilege, such documents were identified on a contemporaneously produced privilege log. 13. Any and all photographs or video footage demonstrating any and all defects, deficiencies or damages at the Property that were caused by BROWN, as alleged in this lawsuit, after any remedial, repair or replacement work performed. 14. RESPONSE: Plaintiff has produced non-privileged documents relating to the Subject Property as the same are ordinarily maintained in the course of business, as well as the job files and opinions of its experts. To the extent non-privileged documents that are 7 responsive to this request are within Plaintiff’s possession, custody, or control, such documents were included in such productions or disclosures. If documents were withheld on the basis of privilege, such documents were identified on a contemporaneously produced privilege log. Any and all documents evidencing inspections, observations, field notes, or other similar activities which the ASSOCIATION contends constitute construction administration services performed by BROWN. RESPONSE: Upon information and belief, none. 15. All contracts, agreements or other documents demonstrating that BROWN undertook a duty to inspect the work performed by others at the Project. RESPONSE: Upon information and belief, none. 16. All contracts, agreements or other documents demonstrating that BROWN undertook a duty to approve work performed by others at the Project. RESPONSE: Upon information and belief, none. 17. Any and all invoices obtained by the ASSOCIATION or on its behalf for any remedial, repair or replacement work performed at the Project involving BROWN’s scope of work. RESPONSE: Plaintiff has produced non-privileged documents relating to the Subject Property as the same are ordinarily maintained in the course of business, as well as the job files and opinions of its experts. To the extent non-privileged documents that are responsive to this request are within Plaintiff’s possession, custody, or control, such documents were included in such productions or disclosures. If documents were withheld on the basis of privilege, such documents were identified on a contemporaneously produced privilege log. 8 18. | Any and all documentation detailing and demonstrating funds received by the ASSOCIATION from any collateral source, including, but not limited to, insurance policy proceeds, reimbursements, settlement payments, or otherwise, as a result of the alleged defects, deficiencies and/or damages at the Property. RESPONSE: Upon information and belief, none. 19. All documents evidencing any person or entity who has completed, is currently performing, and/or will be performing repairs at the Project. RESPONSE: Plaintiff has produced non-privileged documents relating to the Subject Property as the same are ordinarily maintained in the course of business. To the extent non-privileged documents that are responsive to this request are within Plaintiff’s possession, custody, or control, such documents were included in that production. If documents were withheld on the basis of privilege, such documents were identified on a contemporaneously produced privilege log. Plaintiff has not determined which person or entity “will be performing repairs at the Project.” 20. All documents evidencing any purported omissions by BROWN which you contend caused or contributed to the defects and damages at issue in the subject litigation. RESPONSE: Plaintiff has produced non-privileged documents relating to the Subject Property as the same are ordinarily maintained in the course of business, as well as the job files and opinions of its experts. To the extent non-privileged documents that are responsive to this request are within Plaintiff's possession, custody, or control, such documents were included in such productions or disclosures. If documents were withheld on the basis of privilege, such documents were identified on a contemporaneously produced privilege log. 9 21. All documents demonstrating that any alleged act, error or omission by BROWN constitutes a breach of its standard of care. RESPONSE: Plaintiff has produced non-privileged documents relating to the Subject Property as the same are ordinarily maintained in the course of business, as well as the job files and opinions of its experts. To the extent non-privileged documents that are responsive to this request are within Plaintiff’s possession, custody, or control, such documents were included in such productions or disclosures. If documents were withheld on the basis of privilege, such documents were identified on a contemporaneously produced privilege log. 22. All documents evidencing that any alleged act, error or omission by BROWN was within BROWN’s scope of services at the Project. RESPONSE Plaintiff has produced non-privileged documents relating to the Subject Property as the same are ordinarily maintained in the course of business, as well as the job files and opinions of its experts. To the extent non-privileged documents that are responsive to this request are within Plaintiff’s possession, custody, or control, such documents were included in such productions or disclosures. If documents were withheld on the basis of privilege, such documents were identified on a contemporaneously produced privilege log. 23. All documents demonstrating or establishing BROWN’s alleged breach of its duty of care owed for the Project. RESPONSE: Plaintiff has produced non-privileged documents relating to the Subject Property as the same are ordinarily maintained in the course of business, as well as the job files and opinions of its experts. To the extent non-privileged documents that are responsive to this request are within Plaintiff’s possession, custody, or control, such 10 documents were included in such productions or disclosures. If documents were withheld on the basis of privilege, such documents were identified on a contemporaneously produced privilege log. 24. All documents that demonstrate or establish that BROWN inspected, supervised and/or approved work that was not in accordance with the permitted and applicable plans and specifications, building codes, manufacturer’s specifications and standards. RESPONSE: Plaintiff has produced non-privileged documents relating to the Subject Property as the same are ordinarily maintained in the course of business, as well as the job files and opinions of its experts. To the extent non-privileged documents that are responsive to this request are within Plaintiff’s possession, custody, or control, such documents were included in such productions or disclosures. If documents were withheld on the basis of privilege, such documents were identified on a contemporaneously produced privilege log. 25. All codes, statutes, manufacturers’ recommendation, and industry standards that you allege BROWN failed to comply with or adhere to at the Project. RESPONSE: Upon information and belief, none in Plaintiff’s possession, custody, or control. DATED: March 17, 2022. BALL JANIK LLP By: _/s/ Jeffrey A. Widelitz Phillip E. Joseph, FL Bar No. 1000368 Evan J. Small, FL Bar No. 57306 Jeffrey A. Widelitz FL Bar No. 105642 Christopher S. Tribbey, FL Bar No. 1003114 Kasey L. Joyce, FL Bar No. 1024705 201 E Pine Street, Suite 600 11 Orlando, FL 32801 Telephone: (407) 455-5664 Facsimile: (407) 902-2105 pjoseph@balljanik.com esmall@balljanik.com jwidelitz@balljanik.com ctribbey@balljanik.com kjoyce@balljanik.com dtodd@balljanik.com cdillon@balljanik.com cbetancourt@balljanik.com bburton@balljanik.com orlandodocket@balljanik.com Counselfor Plaintiff Villas at Emerald Lake Homeowners Association, Inc. CERTIFICATE OF SERVICE I certify that a true copy of the foregoing has been filed via the Florida Courts E-Filing Portal on this 17" day of March, 2022. Ss/ Widelitz Jeffrey A. Jeffrey A. Widelitz SERVICE LIST LANNIE D. HOUGH JR. THAMIR A.R. KADDOURI, JR. ROBIN H. LEAVENGOOD PENELOPE T. ROWLETT JAMES MICHAEL WALLS BETH ANN TOBEY BRIAN C. PORTER Law Office of Thamir A.R. Kaddouri, Jr. P.A. Carlton Fields, P.A. 3220 West Cypress Street 4221 W. Boy Scout Boulevard Tampa, FL 33607 Tampa, FL 33607-5780 P. 813-879-5752 P. 813-223-7000 F. 813-879-5707 F. 813-229-4133 Thamir.kaddouri@tampalaw.org lhough@carltonfields.com service@tampalaw.org nbonilla@carltonfields.com beth.tobey@tampalaw.org rleavengood@carltonfields.com bporter@carltonfields.com 12 mwalls@carltonfields.com Counselfor Defendant, Imperial Building ejohnson@carltonfields.com Corporation bwoolard@carltonfields.com Counselfor Defendant, Royal Oak Homes, LLC PAUL SIDNEY ELLIOTT PETER J. KAPSALES P.O. Box 274204 MARGARET M. EFTA Tampa, FL 33688-4204 Milne Law Group, P.A. P. 813-265-1314 301 E. Pine Street, Suite 525 F. 813-961-1103 Orlando, FL 32801 pse@psejd.com P. 321-558-7700 pkapsales@milnelawgroup.com Counselfor Defendant, Hugh MacDonald mefta@milnelawgroup.com Construction, Inc. (HMC) eservice@milnelawgroup.com DENISE M. ANDERSON Counselfor Defendant, Weathermaster ASHLEY M. MATTINGLY Building Products, Inc. Butler Weihmuller Katz Craig LLP 400 N. Ashley Drive, Suite 2300 Tampa, FL 33602 P. 813-281-1900 danderson@butler.legal amattingly@butler.legal jjacobs@butler.legal rjorge@butler.legal Co-Counselfor Defendant, Hugh MacDonald Construction, Inc. DENISE M. ANDERSON TIMOTHY C. FORD DAVID A. MERCER ANDREW E. HOLWAY Butler Weihmuller Katz Craig, LLP J. ROCCO CAFARO 400 N. Ashley Drive, Suite 2300 RON ESPINAL Tampa, FL 33602 Hill Ward Henderson danderson@butler.legal 101 E. Kennedy Blvd., Suite 3700 dmercer@butler.legal Tampa, FL 33602 krieck@butler.legal P. 813-221-3900 rjorge@butler.legal F. 813-221-2900 tbarry@butler.legal Andrew.holway@hwhlaw.com Derrick.calandra@hwhlaw.com Counselfor Defendant, Don King’s Concrete, | jill.kuty@hwhlaw.com Inc. Kathy.wernsing@hwhlaw.com rocco.cafaro@hwhlaw.com ron.espinal@hwhlaw.com Tim.ford@hwhlaw.com 13 Tracy.coale@hwhlaw.com Counselfor Defendant, Weintraub Inspections & Forensics, Inc. n/k/a Weintraub Engineering and Inspections, Inc. JAYNE ANN PITTMAN BRUCE R. CALDERON NATALIE C. FISCHER D. BRYAN HILL Conroy Simberg AUDRA R. CREECH Two South Orange Avenue, Suite 300 Milber Makris Plousadis & Seiden, LLP Orlando, FL 32801 1900 NW Corporate Blvd. P. (407) 649-9797 East Tower, Suite 440 F. (407) 649-1968 Boca Raton, FL 33431 eserviceorl@conroysimberg.com P. (561) 994-7310 jpittman@conroysimberg.com F. (561) 994-7313 mmaitland@conroysimberg.com bcalderon@milbermakris.com nfischer@conroysimberg.com dhill@milbermakris.com acreech@milbermakris.com Counselfor Defendant, Advanced Wrapping — | kmcdowell@milbermakris.com and Concrete Solutions of Central Florida, Inc. Counselfor Defendant, Brown + Company Architecture, Inc. WILLIAM M. WOODS S. SCOTT ROSS The Law Offices of William Woods Groelle & Salmon, P.A. 100 S Missouri Ave Ste 201 1715 N. Westshore Blvd., Suite 320 Clearwater, FL 33756-5763 Tampa, FL 33607 O: 727-799-1229 Ext. 4063 P. (813) 849-7200 C: 727-282-7277 F. (813) 849-7201 F: 727-252-1088 gstcourtdocs@gspalaw.com sross@gspalaw.com wwoods@willwoodslaw.com cebanks@gspalaw.com AnneLM@willwoodslaw.com mcoleman@gspalaw.com Pleadings@willwoodslaw.com JLulgjuraj@willwoodslaw.com Counselfor Third-Party Defendant, Helberg Enterprises, LLC Counselfor Third-Party Defendant, All Glass Installation Corp. VICKELAMBERT ANDREW T. MARSHALL ALECAMSSON SARA W. MAPES Luks, SantanieHo, Petre & Cohen Hamilton, Price & Marshall, P.A. 201-S—Orance Avenve; Suite 400 2400 Manatee Ave. W. Orlando. FL 32804 Bradenton, FL 34205 P-407-540-9470 P. 941-748-0550 F-404540-4 44 F. 941-745-2079 Hhsort pleads} ta coy andrew@hamiltonpricelaw.com 14 amrasonietisuraneedefense-net sara@hamiltonpricelaw.com pestontee-Hiseaeedeternse tet nancy@hamiltonpricelaw.com kelsey@hamiltonpricelaw.com Counsel fortThirdPart Defendant—Casey atmservice@hamiltonpricelaw.com Counselfor T&M Construction ofSanford, MICHAEL D. RUEL Inc. BRENDEN C. COLLINS Galloway, Johnson, Tompkins, Burr & Smith, P.L.C. 400 N. Ashley Dr., Suite 1000 Tampa, FL 33602 P. 813-977-1200 F. 813-977-1288 tampaservbice@gallowaylawfirm.com mruel@gallowaylawfirm.com bcollinsl@gallowaylawfirm.com Counselfor Third-Party Defendant, Casey Hawkins Glass, Inc. BRUCE R. CALDERON COLE J. COPERTINO D. BRYAN HILL RICHARD L. RUSSO AUDRA R. CREECH Wright, Fulford, Moorhead & Brown, P.A. Milber Makris Plousadis & Seiden, LLP 505 Maitland Avenue, Suite 1000 1900 NW Corporate Blvd., Altamonte Springs, Florida 32701 East Tower, Suite 440 P. (407) 425-0234 Boca Raton, FL 33431 F. (407) 425-0260 P. 561-994-7310 ccopertino@wfmblaw.com F. 561-994-7313 rrusso@wfmblaw.com bcalderon@milbermakris.com cbraungart@wfmblaw.com dhill@milbermakris.com lwilliams@wfmblaw.com acreech@milbermakris.com Counselfor Well Hung Windows & Doors Counselfor Defendant, Brown + Company Architecture, Inc. JOSEPH L. ZOLLNER CHESLEY G. MOODY, JR. Law Office of Christopher Norris MAI M. LE PO Box 7217 Moody & Graf, P.A. London, KY 40742 1101 N. Lake Destiny Road, Suite 200 P. 904-346-5422 Maitland, FL 32751 F. 866-270-1372 P. (407) 755-6900 FloridaCDLegalMail@LibertyMutual.com F. (407) 755-6913 joseph.zollner@libertymutual.com cmoody@moodygraf.com mle@moodygraf.com Counsel for Lios Concrete Corp kpollak@moodygraf.com 15 tdixon@moodygraf.com a Loe Premier PI . CC Elovida- Ine-Withd fo Premier PI . only 342022-& Wolf's Irrigation & Landscaping, Inc. NICOLE SEROPIAN WAYNE M. ALDER JENNIFE SHIPPOLE Fisher Broyles, LLP Law Office of Jennifer L. Shippole 7668 N. W. 125" Way 14050 NW 14th Street, Suite 180 Pompano Beach, FL 33076 Sunrise, Florida 33323 P. 954-603-6174 Phone: 954-417-3066 Ext. 4645 Wayne.alder@fisherbroyles.com jlspleadings@fednat.com wmalder@bellsouthnet.com nseropian@fednat.com jshippole@fednat.com Counselfor E.R.O. Construction, Inc. Counselfor Atlantic Concrete Systems, Inc. UNREPRESENTED PARTIES Expert Painting & Pressure Washing, Inc. c/o Richard C. Bates, Registered Agent 3631 Late Morning Cir. Kissimmee, FL 34744 16